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in santa monica, california after the city decides to cancel one of the country's biggest nativity displays. it's a 60-year tradition, and church members are suing to bring it back. trace gallagher live in l.a. with a fight we first reported on right around this time last year trace, right. >> reporter: exactly, megyn. not only have the atheists successfully shut down in famous santa monica nativity scene which was their ultimate goal the court fight doesn't involve the atheists. this is between the local churches and the city of santa monica. for 60 years the oceanfront park gave churches 21 spaces to put up the scenes telling the story of jesus' birth. the atheists would sue and lose. a few years ago they figured if you can't beat them join them and they applied for their own space in the park and they got it and they put up things like quotes from thomas jefferson saying religion was nothing but mythology. last year the atheists flooded the city with applications. when the space permits were handed out christmas had two, hanukkah had one, the atheists had 18, put up things like jesus, sa
this statement to a group of college students in southern california. >> we are here to talk about education but i want to say something. education -- if you make it most it and study hard and do your homework and make an effort to be smart, you can do well. if you don't you get stuck in iraq. >> reporter: the criticism to that was loud and it was often. john considery said he botched that joke, he did not mean to be critical of the soldiers serving in iraq. he meant that to be aimed at president bush. megyn: i'm joined by andy card, the former white house chief of staff under president bush. andy, welcome back to you. so there are obviously some changes i assume second term f the president we talked about. holder, we talked about hillary clinton will go, and the reports that senator kerry would be tapped for secretary of defense are going to get some pushback for the same reasons we just saw trace outline in that report. your thoughts on it. >> i think the president deserves the benefit of the doubt when it comes to what people he wants to serve in his cabinet or his immediate staff at the
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